Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13818 of 2021 Applicant :- Rajkumar Opposite Party :- State Of U.P Counsel for Applicant :- Paritosh Sukla Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 358/2020, under Sections 147, 148, 149, 302 IPC, police station Sasni Gate, District Aligarh with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that in FIR and statements of witnesses, the role of firing has been assigned to co-accused Shanker and Veerpal and that the role assigned to applicant as well as co-accused Banti, Shyam Babu, Bhola and Teepu is of only exhortation. Even regarding exhortation it has not been clarified that what words were used by applicant and only it was alleged that all the four accused persons started crying to kill the deceased. It was further submitted that similarly placed co-accused Banti, Deepak @ Deepu and Shyam Babu @ Chauwa have already been enlarged on bail by coordinate Benches of this Court, copies of which have been produced and the same are taken on record. Learned counsel has submitted that no recovery of any weapon or any other incriminating article has been shown from the applicant. It was also submitted that criminal history of two cases has been shown against the applicant but the same has been duly explained in the supplementary affidavit. It has further been argued that the applicant is in judicial custody since 07.11.2020 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, however, it could not be disputed that similarly placed co-accused persons have already been enlarged on bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Rajkumar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 16.8.2021 Anand